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Terms and conditions of use

Welcome to Nigeria’s premier lifestyle and entertainment website. These are our terms and conditions of use of the website, which you may access in several ways, including but not limited to the World Wide Web via www.jivenaija.com, digital television, PDA, mobile phone and RSS feeds.

In these terms and conditions, when we say the “Jive Naija website” we mean the digital information website operated by or on behalf of Réseau Afrique Inc., regardless of how you access the website, as well as any apps whether you access those via our site or a third-party site. However you access the our website, you agree to be bound by these terms and conditions.

  1. Registration

You may access areas of the Jive Naija website that require registration by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the Jive Naija website, you agree that:
(i) your account and password are personal to you and may not be used by anyone else to access the Site;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the site; and

(iii) you will not create registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorised use of your password or account identifiers by others.

  1. Termination of registration

If you no longer wish to have a registered account, you may terminate your account by sending an email to [email protected]. If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Jive Naija website. Continued use of the website indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of the Jive Naija website immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

  1. Use of material appearing on the Jive Naija Site

Your use of the Jive Naija website is for your own personal and non-commercial use only. You acknowledge that, as between Jive Naija and you, except for user content and advertisements (as discussed below), Jive Naija’s parent company is the sole owner of all content on the Jive Naija website, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Jive Naija website. The site and its content are protected by the copyright laws and other intellectual property laws as well as by applicable international copyright treaties.

You may download and print extracts from our platforms for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any of our content for any other purpose without our prior written approval. Except as expressly authorised by the Réseau Afrique Inc., you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Jive Naija website.

  1. Disclaimer of liability

To the extent permitted by law, we do not accept any responsibility for any statement on the Jive Naija website. Nothing on the Jive Naija website is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to Jive Naija content or any part of it. You may access other sites via links from the Jive Naija website. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Jive Naija website or its content. In particular, we do not warrant that the Jive Naija website or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Jive Naija website, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

  1. Third party advertising on the Guardian Site

You will see advertising material submitted by third parties on the Jive Naija website. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

  1. User content

Users of our site may be permitted to submit content for publication in various areas of the Jive Naija website. Interactions with our site are governed by our Community Standards and Participation Guidelines which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Jive Naija website.

When you submit content to us, you agree and represent that you have created that content, or you have received permission from, or are authorised by, the owner of any part of the content to submit it to the Jive Naija website.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish and/or transmit, and to authorise third-parties to use, publish and/or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Jive Naija website or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of that content. You further acknowledge and agree that the views expressed by you and other users in that content do not necessarily reflect the views of Jive Naija and/or its parent company and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Jive Naija website.

We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another’s privacy, offensive, defamatory of any person or illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Jive Naija website to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, colour, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Jive Naija website or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Jive Naija website, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Jive Naija website for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Jive Naija website may involve (i) transmissions over various networks; and (ii) changes to content to conform and adapt to technical requirements of connecting networks or devices. Jive Naija and/or its parent company assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Jive Naija website.

If you are under 18, you confirm that you have permission of your parent or guardian to submit content.

Any queries regarding copyright and your content should be directed in the first instance to [email protected] or [email protected].

  1. Apps

You may download Jive Naija apps (“Apps”) either from our website or from third party app stores or shops. All of these terms apply to the maximum extent relevant to your use of the Apps (and in particular, the terms of section 6 apply where you are using an App to submit user content to the Jive Naija website).

In addition to the limitations on our liability set out in Section 4, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.

  1. Data protection

To find out what personal data we collect and how we use it, please refer to our privacy policy.

  1. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do so without your consent. Any revised terms and conditions will be applicable at the time of posting on the Jive Naija website. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Jive Naija website after it has been posted.

  1. Governing law & jurisdiction

These terms and conditions are governed by Canadian law and the parties agree to submit to the exclusive jurisdiction of the courts in the Canadian Province of Ontario.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Jive Naija, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

  1. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Jive Naija and/or its parent company.

  1. Additional disclaimers

Visitors to the Jive Naija website agree that their use of the site is at their own sole risk. The site is provided “as is” and “as available,” without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Jive Naija website; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Jive Naija also makes no representations and warranties as to any linked sites and Jive Naija has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Jive Naija website may represent the opinions and judgments of providers or users, such as user content. Jive Naija and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the website by anyone other than authorised employees acting in such capacity.
This disclaimer of liability applies to any damages or injuries caused by the Jive Naija website, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorised access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Jive Naija does not warrant or guarantee that access to the Jive Naija website will be uninterrupted or error-free.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

  1. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL JIVE NAIJA OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND (“LOSS”) ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE JIVE NAIJA SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE JIVE NAIJA WEBSITE. THE EXCLUSION OF LIABILITY IN THIS SECTION APPLIES EVEN IF JIVE NAIJA SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PARTICULAR KINDS OF LOSS, IN SUCH STATES OR JURISDICTIONS, JIVE NAIJA’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR PARENT COMPANY’S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).